Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blogs, analyze the essential benefits of mediation and other approaches of disagreement resolution as a way of dealing with the practical arrangements following separation.
The family mediation process
mediation usually begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and think about separately with them whether there are any issues which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each celebration separately (this is often called a Mediation Information Evaluation Meeting (MIAM)) to discuss the background briefly and explain a little bit more about the mediation procedure. The preliminary meetings are personal therefore the material will not be discussed with the other celebration.
First joint meeting
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Contract to Mediate form, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend upon the issues the parties wish to cover however this will normally include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the appropriate details and choices in a number of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to document in regard of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have had independent legal recommendations on it. As soon as this has occurred, one of the party’s lawyers will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of benefits to the mediation process, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a party’s own solicitor will consider any problems which may make mediation tough or inappropriate. The benefits consist of:
- The mediator will encourage the parties to set the program and confirm what they want to cover in mediation. You can resolve matters crucial to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and manage its pace. You will not need to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have sufficient time to collate monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court enforced decisions where the judge may not have the power to impose comparable plans or has actually not appreciated the subtlety of why a particular recommendation may be better.
a mediator’s function is to help with a dialogue in between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship. This is particularly crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and confidential procedure which indicates that parties are motivated to be open about alternatives they wish to consider. This typically leads to parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court proceedings if effective. By setting the program and selecting the variety of sessions you have, parties have much more control over the process than when they belong to court proceedings. The mediator will also ensure and handle the procedure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in appropriate cases it can provide an indispensable method of solving family disagreements efficiently and agreeably and it must be something that is encouraged all year.